SHELBYVILLE, Ky. — The Kentucky Supreme Court is weighing in on a controversial education bill. 


What You Need To Know

  • The state’s highest court heard oral arguments from both sides on Wednesday

  • House Bill 563 creates a tax credit program permitting funds in qualified education accounts to be used for private school tuition and public school education expenses

  • The court traveled out of Frankfort to nearby Shelby County to hear the arguments, taking the show on the road

House Bill 563 creates a tax credit program permitting funds in qualified education accounts to be used for private school tuition and public school education expenses. Essentially, the tax credits set up would fund the ability for parents to choose private or public schools for their kids.

The state’s highest court heard oral arguments from both sides on Wednesday.

“It’s a program that gives tax credits for private Kentuckians and to donate to organizations that provide resources to lower-income Kentuckians to afford educational options,” said Ben Field, an attorney at the Institute for Justice. “My client, Akia McNeary, is a mother in the Commonwealth with four kids, three of them are still in school, two of whom are thriving in private school, one of whom is doing fabulously in public school, but would like to have additional resources such as dual enrollment and this program provides opportunities for her family that are already available for more affluent Kentuckians.”

Those against the issue said it violates the state’s constitution, and it uses state money to let kids attend private schools.

“That was a spirited debate on a very important issue of public interest across the state, and essentially involves the question of whether a house bill House Bill 563 violates the Kentucky Constitution. There are a lot of nuances to it and a lot of issues to it. The court showed the court was well prepared and asked good questions of everyone and so we’re looking forward to the decision,” said Byron Leet, an attorney, who argued HB563 violates the state’s constitution.

In the same court, students and members of the community participated in understanding the Kentucky justice system. It took place during oral arguments of HB 563 in front of the Kentucky Supreme Court.

The court traveled out of Frankfort to nearby Shelby County to hear the arguments, taking the show on the road.

“I’ve taught public education for 32 years. I also taught two years in Portland Christian in Kentucky early in my career,” said Tricia Kitzmiller. She sat among the many people learning more about Kentucky’s court system. “I’ve sat in on a criminal trial before that, nothing like this. So it was an educational experience for myself,” Kitzmiller said.

Kitzmiller said her background in education helps her see both sides of the issue. “As a parent of two daughters, my daughters attended public school and saying, I really do understand what both sides are coming from and it’s a very difficult decision on what is right,” Kitzmiller said.

For Supreme Court Justice John Minton taking the court on the road is an important civics education opportunity. “It gives us a chance to get to know the communities and the communities to get to know the court and to engage in some civics education,” Minton said. “Because frankly, it’s not taught in schools the way it used to be and probably the courts are the least well-known of the three branches of government. So it’s important for us to do this.” 

The public education outreach program began in 1985 and continues. “I would like to think of some young students in that courtroom today decided that she or he might decide to be the chief justice of the Commonwealth because they saw us at work,” Minton said.

A decision from the court on HB 563 could come before the end of the year.